Civil Litigation
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October 20, 2025
The challenges of being a lawyer with ADHD
People with ADHD are often drawn to law school because they are bright, competitive and thrive under pressure. They can be very successful throughout their education because they are able to put all their energy — and that wonderful ability to hyper-focus — into their studies. Once they graduate, however, they are faced with the realities of legal practice.
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October 17, 2025
Federal Court upholds CRA denial of IMAX bid to file late COVID-19 claims
The Federal Court has upheld a Canada Revenue Agency (CRA) decision refusing IMAX an extension to file Canada Emergency Wage Subsidy (CEWS) claims, finding that a CRA officer’s conclusion that IMAX had not shown exceptional circumstances beyond its control was reasonable.
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October 17, 2025
Risks and challenges of AI in online dispute resolution for family law, part two
While the use of AI offers tremendous potential to enhance online dispute resolution (ODR) in family law, its use also introduces serious risks spanning technical, ethical, legal and social domains. Family law disputes are deeply personal and often involve vulnerable individuals; thus, if AI is not carefully implemented, it can reinforce inequalities, erode trust and undermine fairness and justice.
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October 17, 2025
Manitoba proposes law to automatically have court weigh in on use of notwithstanding clause
Manitoba has introduced legislation which would make it so the provincial government’s use of the notwithstanding clause would automatically be put before a court to determine whether it results in a violation of people’s rights.
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October 17, 2025
We are not in the results business
Back in law school, my criminal law professor told us that our job would be to use every bit of our intelligence, ingenuity and strength, and to work tirelessly, to deliver the best possible outcome for our client. “But,” he told us, “if at the end of the day, someone has to go to jail, make sure that it is your client.” He was warning us not to become so zealous in our representation of our client that we crossed over the ethical or legal lines.
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October 16, 2025
Alienated parents have one more remedy
In the emotionally charged aftermath of separation and divorce, few issues are as devastating as the severance of a parent-child bond. In cases where a child has no contact with a parent following the ending of their parents’ relationship, terms often used to describe the situation are parental alienation, child estrangement or severance of the parent-child bond. While these terms may differ in tone and implication, they all point to a common and painful reality: a once-existing relationship between a parent and child has been lost.
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October 16, 2025
Appeals: Can parties ‘consent’ to them?
When it comes to reviewing the orders of lower courts in Canada, appellate courts have broad jurisdiction. Far from a rubber-stamping process, all appeals involve the assessment of the lower court’s reasoning through the application of standards of review.
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October 16, 2025
Swapna Prakash new associate at Gilbert’s LLP
Swapna Prakash is a new associate at Gilbert’s LLP, where she will support the litigation team.
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October 15, 2025
Court finds RCMP conduct adjudicator lacked jurisdiction to hear case
The Federal Court has allowed a judicial review of a decision where a member of the Royal Canadian Mounted Police (RCMP) argued that an adjudicator did not have jurisdiction on an appeal relating to conduct.
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October 15, 2025
Federal Court overturns TMOB ruling for narrowing confusion test to past use
The Federal Court has set aside the Trademarks Opposition Board’s (TMOB) dismissal of a trademark opposition, ruling that the board erred by limiting its confusion analysis to the opponent’s actual use of its mark rather than the full scope of its registration.